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STATE v. MILLER

No. 64469.

650 S.W.2d 619 (1983)

STATE of Missouri, Respondent, v. Delbert Clarence MILLER, Jr., Appellant.

Supreme Court of Missouri, En Banc.

May 31, 1983.

Attorney(s) appearing for the Case

David L. Steelman, Salem, for appellant.

John Ashcroft, Atty. Gen., Carl S. Yendes, Asst. Atty. Gen., Kansas City, for respondent.

DONNELLY, Judge.

This case was transferred to this Court on certification by a dissenting judge from an opinion by the Court of Appeals, Western District. Mo. Const., art. V, § 10. The defendant, Delbert Miller, had been convicted upon jury trial of stealing by deceit, §§ 560.156 and 560.161, RSMo 1978, and sentenced to seven years' imprisonment. The Court of Appeals reversed the conviction and remanded for a new trial. In his dissent, Judge Donald...

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